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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24TH DAY OF JANUARY, 2022

BEFORE

THE HON’BLE MR. JUSTICE K.NATARAJAN

CRIMINAL PETITION No.1120/2021

BETWEEN

SRI H K SHANKAR

S/O LATE KARIYAPPA

AGED ABOUT 50 YEARS

R/AT NO.488,

NEAR SRI RAMANJANEYA TEMPLE

ADVALLI,

HASSAN - 573 201.

REP BY GPA HOLDER

RIHAN KHAN

S/O YOUNIS KHAN

AGED 45 YEARS,

RESIDENT OF EDGA CIRCLE

CHIKKAVEERANNA COMPOUND

HOSLINE ROAD

HASSAN - 573 201.

…PETITIONER

(BY SRI. NISAR SAB, ADVOCATE)

AND

1 . RANGE FOREST OFFICER

CHANNARAYAPATTANA RANGE

CHANNARAYAPATTANA

HASSAN DISTRICT - 573 201.

2 . DEPUTY CONSERVATOR OF FOREST

HASSAN DIVISION

HASSAN - 573 201.

…RESPONDENTS

(BY SRI. B.J. ROHITH, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO SET

ASIDE THE IMPUGNED DISMISSAL ORDER DATED 05.08.2020

PASSED

IN

CRL.RP.NO.235/2019

PASSED

BY

THE

IV

ADDITIONAL

DISTRICT

AND

SESSIONS

JUDGE,

HASSAN

DISTRICT (SIT AT CHANNARAYAPATNA) VIDE ANNEXURE-G

AND THE IMPUGNED ORDER PASSED BY THE 2ND RESPONDENT

VIDE A4/AMO/CRP(71(A)/CR-05/2019-20 DATED 05.11.2019

VIDE ANNEXURE-F AND ALLOW THE APPLICATION FILED BY

THE PETITIONER UNDER SECTION 71A OF KARNATAKA FOREST

ACT READ WITH SECTION 457 OF CR.P.C. VIDE ANNEXURE-E

AND TO PASS ORDERS TO RELEASE THE VEHICLE SEIZED AND

SUBJECTED FOR PF MALUPATTI ITEM NO.7 VIDE ANNEXURE-D.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION

THROUGH VIDEO CONFERENCING THIS DAY, THE COURT MADE

THE FOLLOWING:

ORDER

The petitioner has filed this criminal petition through

one Rihan Khan, GPA holder of the petitioner, under

Section 482 of Cr.P.C. seeking to quash the order dated

05.08.2020 passed by the IV Additional District and

Sessions

Judge,

Hassan

District

(Sitting

at

Channarayapatna) in Crl.r.P. No.235/2019 as well as the

order dated 05.11.2019 passed by the 2nd respondent on

the application filed under Section 71A of Karnataka

Forest Act read with Section 457 of Cr.P.C.

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2. The case of the petitioner is that the 1^st

respondent-Range Forest Officer has registered a case

against 12 persons on 07.06.2019 for the offences

punishable under Rules 25(1), 25(2), 29 of Karnataka

Forest Rules, 1969 read with Sections 35, 33(iii),

33(iii)(A), 33(V), 62, 71A, 76A of Karnataka Forest Act

read with Sections 506, 353, 332 of IPC.

3. During raid, the forest officials, arrested six

persons and seized Neelgiri trees and a lorry belongs to

the petitioner bearing registration No.KA-53-A-1335. It

is in the custody of the 1^st respondent. The petitioner

being the owner of the lorry filed an application before the

2^nd respondent for release of the vehicle for interim

custody, which came to be rejected on 05.11.2019. The

said order was challenged before the Sessions Court in

Criminal Revision Petition No.235/2019, which also came

to dismissed on 05.08.2020. Assailing the same, the

petitioner is before this Court.

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4. Heard learned Counsel for the petitioner and the

learned

High

Court

Government

Pleader

for

the

respondents and perused the record.

5. Of course, the respondent-Range Forest Officer

seized the wooden blocks (Neelgiri tree) and the lorry.

Though Neelgiri trees were said to be cut and placed at the

place of occurrence and though the lorry was parked at the

place of occurrence, but the wooden blocks were not

loaded in the lorry. There was quarrel between some of

the accused persons and the forest officials. Therefore, the

offence under section 353 of IPC was inserted by the forest

officials. The accused persons said to have used forest

land and cultivated the same as unauthorised occupants as

bagar hukum in the forest land. They were said to have

cut and kept the blocks which was objected to by the

respondent-Range Forest Officer. During quarrel, a case

was registered against 12 persons and the lorry of the

petitioner was seized from the place of occu